Australian Government support
Subclass 457 via is the easiest and most common form of visa for employing persons in Australia who are not permanent residents.
This visa is particularly designed to enable employers to fill positions for which they need a person with particular qualifications or for which there is a shortage of suitable persons in Australia.
This visa is especially favoured by the Australian Government because it is a temporary visa that allows a person to remain in Australia only as long as that person is employed unless that person changes to another visa.
Better still, all the qualifications and experience of the person are paid for by another country before the person comes to Australia.
3 Step process
Sponsorship, nomination and visa are a 3 step process.
Firstly, the sponsor (the employer) is approved for sponsorship.
Secondly, the job is approved for nomination.
Thirdly, the applicant is approved for the visa.
All these steps can be done at the same time.
Fees payable to the Australian Department of Immigration and Citizenship are currently:
- sponsorship application charge $405
- nomination charge $80
- visa application charge $305
The application for sponsorship, nomination and visa can be done electronically.
Current processing time is about 4 weeks from submission of all material.
Requirements for sponsorship
The employer must be in business
The employer, as sponsor, must prove that the sponsor is lawfully and actively operating in business.
This is demonstrated by company search, background/publicity material and the sponsor’s accounts or the last 2 years.
Information on any previous sponsorship should be supplied
Details of personnel currently employed, including resident status and position (organigram) need to be supplied.
Included in details will be recent graduates (less than 2 years) and apprentices.
Unless the sponsor is an overseas company, the sponsor needs to show training of local personnel, or a contribution to a training scheme or institution, or a future training program
Duration of sponsorship
The sponsorship is valid for 3 years.
During the period of the sponsorship the sponsor may nominate other subclass 457 visa applicants as it considers desirable.
Requirements for nomination
There needs to be a description of the duties and responsibilities of the position that it is proposed to fill.
The job description has to conform to the Australian recognised definition of position, qualifications and experience. This is contained in the Australian and New Zealand Standard Classification of Occupations (ANZSCO).
The salary proposed must be to least equal the greater of the market rate or the current minimum authorised by the Department of Immigration and Citizenship (TSMIT), which is now $49,330 per annum.
Market salary is demonstrated by the salary of another employee of the sponsor doing a similar job, or employment advertisements, or an industry award.
The terms of employment need to be shown in an employment agreement.
This agreement must conform to minimum requirements of Australian employment law (Fair Work Australia).
Requirements for the visa applicant
Qualifications and experience
The visa applicant must demonstrate any necessary qualifications and experience. These are shown in the applicant’s c.v.
Knowledge of English
Unless the applicant is from Canada, Ireland, New Zealand, the UK or the USA, or the applicant has studied in English, the applicant must produce a recent English (IELTS) test with a score of at least 5/10.
The IELTS test can be taken on a number of dates and at various locations around Sydney, including:
Place: IDP IELTS Sydney Test Centre
Level 4, 210 Clarence Street
Tel: 1800 664 700
Place: UWS College Test Centre
158 Hawkesbury Rd
Tel: 9685 9709
Private medical insurance
The applicant will be required to provide full private health cover for the duration of stay in Australia under subclass 457 visa.
Duration of the subclass 457 visa
This visa is available for up to 4 years and may be renewed.
Change to permanent residence
After 2 years as sponsored subclass 457 visa holder, a person may qualify to become a permanent resident.
To qualify, the person must have been on subclass 457 visa for at least 2 years and be sponsored by current employer for permanent residence.
Secondary visa applicants
Any person dependent on the visa applicant, such as spouse or child may obtain a secondary subclass 457 visa.
The secondary subclass 457 holder is permitted to work any where and in any position for as long as the primary subclass 457 visa holder continues to hold that visa.
Any person who has been in Australia for a period of 4 years on a temporary or permanent resident visa (including subclass 457 visa) may qualify for Australian citizenship on the basis of having been a permanent resident for at least 2 months before applying for Australian citizenship.
At Hillman Laxon Tobias we are lawyers and migration agents. We can prepare all documents to be submitted for the sponsorship, nomination and visa, including preparation of employment agreement and other legal documents that only lawyers are permitted to prepare.
Feel free to contact us at any time for further information, on Australian Work Sponsored Visa [http://www.tws-oz.com.au/long_stay_work.html] or Employer Sponsored Work Visa [http://www.tws-oz.com.au/long_stay_work.html] including an estimate of professional costs.